PUBLIC HEARINGS

CONSIDER FIRST READING
OF ORDINANCE NO. 141AMENDING AND REVISING
REGULATION XIV -- WATER CONSERVATION--TO UPDATE AND CLARIFY LANGUAGE AND ADD
NON-RESIDENTIAL AND LANDSCAPE WATER EFFICIENCY REQUIREMENTS

Meeting Date:

October 19, 2009

Budgeted:†

N/A

From:

Darby Fuerst

Program/

N/A

General Manager

Line Item No.:

Prepared By:

Stephanie Pintar

Cost Estimate:

N/A

General
Counsel Review:† Yes

Committee
Recommendation:† By a vote of 2-0 on October 1, 2009, the Water Demand
Committee recommended the proposed revisions to the Conservation Regulation
be bifurcated to delay requirements for High Efficiency Toilets and impacts
to Residential Water Credits until after the State Water Resources Control
Board takes action on the pending Cease and Desist Order against California
American Water.† †The Districtís Technical Advisory Committee
(TAC) and the Policy Advisory Committee (PAC) reviewed and supported draft
Ordinance No. 141 at the October 12, 2009 meetings.

CEQA Compliance:† Categorical
Exemption under Class I, ß15301

SUMMARY:† The
proposed ordinance updates the Districtís conservation standards and is in
keeping with the Districtís goal to continue as a leader in water
conservation.† The proposed amendments
are being required through state legislation, are considered Best Management
Practices by the California Urban Water Conservation Council, or have been
identified as significant areas of water use and potential conservation (i.e.,
washing machines, pre-rinse spray valves, cooling towers, outdoor
irrigation).† Water saved through
conservation requirements reduces the amount of water needed to serve the
community, contributes to community compliance with regulatory restrictions,
and provides improved environmental conditions.

Draft Ordinance No. 141 (Exhibit 13-A)
is a condensed version of an ordinance discussed by the Board on September 21,
2009.† The ordinance amends and clarifies
Regulation XIV, Water Conservation, which was adopted as Ordinance No. 30 in
1987.† The draft ordinance discussed by
the Board at the September Board meeting included new mandates for toilets and
other appliances for Residential New Construction and Change of Ownership/Use.
At that time, the Board noted the potential loss of existing Residential Water
Credits when new requirements are adopted and referred the ordinance back to
committee (Water Demand Committee and PAC/TAC) for further discussion.†

The Water Demand Committee met
and discussed the ordinance on October 1, 2009.†
The committee requested that the comprehensive Regulation XIV ordinance
be bifurcated, with the proposed revisions that impact Residential Water
Credits delayed until after the State Water Resources Control Board (SWRCB)
takes action in October 2009 on the pending Cease and Desist Order.† Staff has accommodated this request in
Ordinance No. 141 by removing new requirements for High Efficiency Toilets or
HETs (average flush of less than 1.3 gallons) and appliances and by deleting other
policy changes that would have impacted Residential Water Credits.†

The draft ordinance was reviewed
by the Policy Advisory Committee (PAC) and Technical Advisory Committee (TAC)
on October 12, 2009.† The joint PAC/TAC
recommended the Board proceed with first reading of Ordinance No. 141, as
amended.† The committee asked that the
Board not consider new HET requirements and other high efficiency requirements
that affect Residential Water Credits.

The elements of
the ordinance have been provided to various community interest groups, including
the Monterey County Hospitality Association, the Monterey Commercial Property
Owners Association, the Monterey County Association of Realtors, National
Association of the Remodeling Industry, and the Monterey Peninsula Chamber of
Commerce, Pacific Grove Chamber of Commerce, and the Builderís Exchange of the CentralCoast.†

2.Simplifies, updates and revises existing language
within Regulation XIV to make the regulation easier to understand.

3.Removes or relocates misplaced and outdated rules.

4.Adds a timer requirement for new installations of multiple
showerheads.

5.Amends the showerhead flow rate from 2.5 to 2.0 gallons
per minute (gpm).

6.Requires compliance with California Model
Water Efficient Landscape Ordinance as revised (California Code of Regulations, Title 23,
Water, Division 2, Department of Water Resources, Chapter 2.7, Model Water
Efficient Landscape Ordinance) or with local or District
landscape requirements if more restrictive.

7.Adds Irrigation System requirements for New
Construction and encourages use of rainwater catchment systems and graywater
systems.

8.Adds a variety of water efficient Non-Residential New
Construction requirements that apply to only applicable situations.† Examples include:† High efficiency washing machines and commercial
dishwashers; use of recirculating or air cooled technology in place of single-pass water use systems in ice machines,
hydraulic equipment, refrigeration condensers, X-ray processing equipment, air compressors, vacuum pumps, etc.; conductivity controllers in
cooling towers; boilerless or connection steamers when installed in New
Construction; and implementation of Best Management Practices to the extent
possible.

9.Change of Ownership or Use will be required to retrofit
Urinals to 1.0 gpf, replace older pre-rinse spray valves with water efficient
1.6 gpm spray valves until July 1, 2010 (when water efficient pre-rinse spray
valves become mandated), and install a Rain Sensor on Irrigation Systems that
are not Smart Controllers.

10.Requires
all Visitor-Serving Facilities by December 31, 2012 (3 years) to be retrofitted
exclusively with High Efficiency Urinals, High Efficiency Washing Machines, and
Water Efficient Ice Makers.† There is an
exception when the Washing Machine or ice maker meets Energy Star
specifications and was purchased and installed between January 1, 2007 and
January 1, 2010:† These appliances must
comply with this provision by January 1, 2020.

11.Adds
a requirement for Non-Residential uses to retrofit to HET by December 31, 2012
with certain exceptions;

12.Directs
that Non-Residential laundries must operate exclusively with Ultra-Low
Consumption Washing Machines rated with a Water Factor of 5.0 or below by
December 31, 2012. There is an exception to this rule when the existing
appliance was purchased between January 1, 2006 and January 1, 2010 and rates a
Water Factor of 5.1-6.0:† These
appliances must comply with this provision by January 1, 2020;

13.Adds
a requirement for Mobile Water Distribution Systems to utilize water meters at
the Source of Supply;

14.Newly
installed medical or laboratory photographic and/or X-ray processing systems will
be required to have a recirculation system for the rinse process;

15.Towel
and linen reuse programs will be required in Visitor Serving Facilities;

16.The
ordinance adds existing messaging requirements to Regulation XIV that are
currently in the Districtís Water Waste and Non-Essential Water Use
definitions.

RECOMMENDATION:† Staff recommends the Board approve first
reading of Ordinance No. 141.† As
written, the ordinance would take effect on January 1, 2010.† Projects in process with the land use jurisdiction
on December 31, 2009 will be subject to the Districtís current requirements.

The Districtís proactive
conservation program, including the proposed expansion and revisions, is
necessary for the continued well-being of the community during our current
water supply situation.† The
proposed revisions to Regulation XIV are intended to reduce consumptive use of
potable water and are necessary to bring about further water efficiency within
the MPWMD.† This action benefits the
community and the environment.† Rebates
for the required Non-Residential elements of the ordinance will be available
upon adoption of Ordinance No. 140.

BACKGROUND:† The
current Regulation XIV was adopted in July 1987 as Ordinance No. 30,
implementing one of the first toilet retrofit upon resale programs in the
country.† Since 1987, it is estimated
that the Districtís retrofit on resale program has permanently reduced water
demand by approximately 680 acre-feet per year.†
Additional savings have been achieved through showerhead and faucet
aerator replacements and through new construction requirements.† The last significant revisions to the program
were done in 1990 and 1997.† In 1990, an
amendment deleted an exemption to the retrofit requirement for 3.5 gallons per
flush toilets.† In 1997, a requirement to
retrofit toilets in visitor-serving commercial facilities was added.† The existing regulation is outdated in both
language and technology, and does not reflect the ongoing water supply issues
experienced by the MontereyPeninsula and the state.

Revisions to Regulation XIV discussed by the Board on September 21,
2009, included requirements that would impact the availability of Water Credits
for Residential New Construction.† Rule 25.5-B disallows Water Use Credits for water
savings resulting from mandatory District programs.† Water Credits are presently utilized on
almost all Water Permits to offset expanded uses as water from the jurisdictionís
allocations is expended, regulatory restrictions continue/increase, and no new
water supply is anticipated in the near-term that would loosen the current
limitations.† Without water from a jurisdictionís allocation, Water Use Credits and
On-Site Water Credits (Rule 25.5) are essentially the only means to add new water
fixtures in a home.†